Caboboy v. Tacloban Gleen Marketing, Inc.
This is a civil case decided by the Supreme Court of the Philippines on January 8, 2018. The case involves petitioners Ma. Lita D. Caboboy, Noelito D. Adarne, Agnes G. Albarando, Arnulfo G. Arcina, Rebecca N. Borer, et al. who sought to reverse the decision of the Court of Appeals (CA) in CA-G.R. SP Nos. 09075 and 09115. The CA had affirmed the decision of the labor tribunals to award separation pay and attorney's fees in reduced amounts, as well as the non-payment of backwages, to the petitioners. The Supreme Court denied the petition and affirmed the CA's decision, holding that the award of monetary claims was justified under the principle of equity. The Court noted that respondent Tacloban Gleen Marketing, Inc. suffered huge losses due to super typhoon Yolanda but opted to continue with its business, and that factual findings of the labor tribunals are generally accorded finality and binding on the Court.
ADVERTISEMENT
SECOND DIVISION
[G.R. Nos. 231520-21. January 8, 2018.]
MA. LITA D. CABOBOY, NOELITO D. ADARNE, AGNES G. ALBARANDO, ARNULFO G. ARCINA, REBECCA N. BORER, ET AL., petitioners,vs. TACLOBAN GLEEN MARKETING, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 08 January 2018 which reads as follows:
"G.R. Nos. 231520-21 (Ma. Lita D. Caboboy, Noelito D. Adarne, Agnes G. Albarando, Arnulfo G. Arcina, Rebecca N. Borer, et al. v. Tacloban Gleen Marketing, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the June 10, 2016 Decision 1 and March 17, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP Nos. 09075 and 09115 for failure of petitioners Ma. Lita D. Caboboy, Noelito D. Adarne, Agnes G. Albarando, Arnulfo G. Arcina, Rebecca N. Borer, et al. (petitioners) to sufficiently show that the CA committed any reversible error in holding that the award of separation pay and attorney's fees in their reduced amounts, as well as the non-payment of backwages, were justified under the principle of equity.
As correctly ruled by the CA, it was only just and proper to award the aforementioned monetary claims on the ground of equity, considering that respondent Tacloban Gleen Marketing, Inc. — despite suffering huge losses amounting to P120,000,000.00 — re-opened and continued with its business instead of opting to either retrench or completely close down its operations. Records reveal that the labor tribunals took judicial notice of the gravity of the destruction caused by super typhoon Yolanda on the city of Tacloban, including its inhabitants and businesses. It is settled that equity and equitable principles only come into full play when a gap exists in the law and jurisprudence, 3 as in this case.
Moreover, it is settled that factual findings of the labor tribunals, especially when affirmed by the CA, are generally accorded not only with respect, but even with finality, and thus binding on the Court, 4 as in this case.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 35-59. Penned by Associate Justice Gabriel T. Robeniol with Associate Justices Pamela Ann Abella Maxino and Pablito A. Perez concurring.
2.Id. at 61-63.
3.Secretary of the Department of Public Works and Highways v. Spouses Tecson, 758 Phil. 604, 649 (2015); citation omitted.
4. See Nahas v. Olarte, 734 Phil. 569, 580 (2014).
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